“A person who is justified under subsection (a) in using physical force … and who is not engaged in an unlawful activity and is in a place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground.”Finally, section 13A-3-23(d) reads “A person who uses force … as justified and permitted in this section is immune from … civil action for the use of such force …”Therefore, under Alabama’s “Stand Your Ground Law”, a person who was not the original aggressor, who reasonably believes that he or she is in imminent danger of unlawful physical force by another person, and is in a place he or she has the legal right to be does not have to retreat and is justified in using physical force to defend themselves so long as he or she uses that degree of force he or she reasonably believes is necessary for that purpose.
Summary Judgment Standard
Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Once the movant meets this burden, the burden then shifts to the nonmovant to rebut the movant's prima facie showing by substantial evidence. Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.
In the early morning hours of August 29, 2010, the Plaintiff and the Defendant, along with some mutual girlfriends, returned to the Defendant’s apartment after a night of socializing at a local bar. As they sat in the kitchen discussing the night’s events, an argument ensued between the Plaintiff and the Defendant, which prompted the Defendant to leave the room, go upstairs to her bedroom, and lock her door.